EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2023) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Directive 2014/90/EU of the European 
Parliament and of the Council, as regards design, construction and performance 
requirements and testing standards for marine equipment and repealing Implementing 
Regulation (EU) 2022/1157  
(Text with EEA relevance)    
EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules for the application of Directive 2014/90/EU of the European 
Parliament and of the Council, as regards design, construction and performance 
requirements and testing standards for marine equipment and repealing Implementing 
Regulation (EU) 2022/1157  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Unio n, 
Having regard to Directive 2014/90/EU of the European Parliament and of the Council of 23 
July 2014 on marine equipment and repea ling Council Directive 96/98/EC1, and in particular 
Article 35(2) thereof,  
Whereas:  
(1) The design, construction and performance requirements and testing standards in 
respect of marine equipment falling within the scope of Directive 2014/90/EU  are 
provided for in international instruments , defined in Article 2(5) of that Directive.  
(2) In order to take into account the most recent changes  to international  instruments , the 
list of the applicable international instruments should be updated  and  marine 
equipment wh ich has  become subject to harmonised Union requirements pursuant to  
Directive 2014/90/EU follo wing those changes , should be explicitly listed.  
(3) Commission Implementing Regulation (EU) 2022/11572 should  therefore be repealed . 
(4) It is reasonable and proportionate to allow a transitional period during which a new 
item of marine equipment  which is in conformity with the national requirements for 
type-approval in force in a Member State before the entry into force of this Regulation , 
can continue to be placed on the market and on board an EU ship , as defined in Article 
2(2) of Dire ctive 2014/90/EU . 
(5) In order to facilitate a harmonised, rapid and simple implementation of Directive 
2014/90/EU, implementing acts adopted pursuant to that Directive should take the 
form of Implementing Regulations , in accordance with  Article 35(5) of t hat Directive . 
(6) In order to allow the marine equipment industry and other  stakeholders  to adapt to the 
measures provided for in this Regulation, this Regulation should enter into force 40 
days following its publication in the  Official Journal of the Eur opean Union . 
 
1 OJ L 257, 28.8.2014, p. 146 . 
2  Commission Implementing Regulation (EU) 2022/1157 of 4 July 2022 laying down rules for the 
application of Directive 2014/90/EU of the European Parliament and of the Council, as regards design, 
construction and performance requirements and testing standards for marine equipment and repealing 
Implementing Regulation (EU) 2021/1158  (OJ L 18 0, 6.7.2022, p.1).   
EN 2  EN (7) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee on Safe Seas and the Prevention of Pollution from Ships  established by 
Regulation (EC) No 2099/2002  of the European Parliament and of the Council3,  
HAS ADOPTED THIS REGULATION:  
Article 1  
The design, construction and performance requirements and the testing standards provided for 
in the international instruments ,  defined in Article 2(5) of Directive 2014/90/EU , shall apply 
to each item of marine equipment listed in the Annex to this Regulation.  
Article 2  
Implementing Regulation (EU) 2022/1157  is repealed.  
Article 3 
1. Marine equipment listed as a ‘new item inserted by Implementing Regulation (EU) 
2021/1158’ in column 1 of the Annex, which is in compliance with the national requirements   
for type -approval in force before 25 August 2021 in a Member State, may continue to be 
placed on the market and on board an EU ship until 25 August 2024.  
2. Marine equipment listed as a ‘new item inse rted by Implementing Regulation (EU) 
2022/1157’ in column 1 of the Annex, which is in compliance with the national requirements 
for type -approval in force before 15 August 2022 in a Member State, may continue to be 
placed on the market and on board an EU s hip until 15 August 2025.  
Article 4  
This Regulation shall enter into force on the fortieth  day following that of its publication in 
the Official Journal of the European Union .   
This Regulation shall be binding in its entirety and directly applicable in al l Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 
 Ursula VON DER LEYEN  
 
3 Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 
establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and 
amending the Regulations on maritime safety and t he prevention of pollution from ships (OJ L 324, 
29.11.2002, p. 1).